Proposed changes to the rules for rotorcraft air transport operations – Part 119 and 133 of CASR (CD 1804OS)

Closed 21 Aug 2018

Opened 23 Jul 2018

Results updated 9 Jan 2019

CASA published a consultation draft of the proposed Part 133 of CASR (Part 133) and the Part 133 Manual of Standards (MOS) for air transport operations for rotorcraft on the CASA Consultation Hub from 23 July to 21 August 2018.

This consultation activity, and separate consultation activities for Parts 121 and 135 of CASR, also involved consultation on the proposed Part 119 of CASR (Part 119). As feedback on Part 119 was spread across these three activities, CASA has also published a dedicated Part 119 Summary of Consultation document. The Part 133 document focuses solely on Part 133 and the Part 133 MOS.

The consultation on Part 133 provided an overview of the main changes to the current Regulations, Civil Aviation Orders (CAOs) and various exemptions for helicopter charter and regular public transport. It outlined the new legislation and specifically identified the regulations or MOS content for each of the main changes. Feedback was sought on the policy content and structure of the proposed regulations and MOS.

In 2017 the CASA Director of Aviation Safety established the Aviation Safety Advisory Panel (ASAP). This Panel (made up of industry representatives), functions under its terms of reference as an industry advisory panel on the regulatory development process. In June and October 2018, the panel convened a technical working group (TWG) to evaluate drafts of the Part 119 regulations, the Part 133 regulations and the Part 133 MOS.

The Part 133 TWG made several recommendations regarding issues in the proposed legislation, the majority of which CASA sought to address in the initial consultation draft and in the development of the final regulatory package for Part 133. Feedback on the proposed regulations from previous consultations was also considered and incorporated into the 2018 consultation drafts. A small number of TWG recommendations were still under active consideration by CASA prior to the 2018 consultation draft release. However, most of these now have also been considered and, where necessary, are also included in the final rule.

Files:

Published responses

View submitted responses where consent has been given to publish the response.

Overview

CASA has been progressively transitioning the Civil Aviation Regulations 1988 (CAR) to the Civil Aviation Safety Regulations 1998 (CASR).

This public consultation is a combined consultation of Parts 119 and 133 of CASR.

The proposed rule changes for rotorcraft air transport operations will create a specific set of operating rules for the first time.

The new rules aim to:

  • minimise the safety differential between charter and regular public transport (RPT), with rules that broadly apply to all air transport operations but are scaled for size and/or complexity
  • introduce safety enhancements such as an adaptable rotorcraft code of performance, flight and other crew member training and checking requirements and scalable safety management systems
  • introduce a rotorcraft specific mandatory simulator flight crew training requirement for certain rotorcraft
  • provide a more active regulatory focus on managing the safety risks associated with passenger transport operations
  • introduce medical transport requirements in line with international best practice and industry feedback
  • establish higher levels of International Civil Aviation Organization compliance to make operating internationally simpler
  • include operational rules for emerging technologies such as the tiltrotor power lift aircraft.

There are two Civil Aviation Safety Regulations 1998 (CASR) Parts and one Manual of Standards (MOS) relevant to rotorcraft air transport operators:

  • Part 119 –  the certification and management for all Australian air transport Air Operator’s Certificate (AOC) holders
  • Part 133 – the operating rules for rotorcraft conducting air transport operations
  • Part 133 MOS – the standards and instructions on how operations must be carried out or what requirements must be met.

Unless otherwise stated in CASR Part 133, operators will also be required to comply with CASR Part 91, the general operating and flight rules, which was consulted in March-April 2018.

Please note: This consultation focuses on Part 133 and the Part 119 implications for rotorcraft air transport operations. CASA will be seeking feedback on the Part 119 impacts for aeroplane air transport operators in separate consultations beginning shortly.

Sign up for a special webinar on the proposed new rules for rotorcraft air transport operations on 2 August 2018. See 'Events' at the bottom of this page.

Why your views matter

We are consulting with the aviation community on the rotorcraft air transport rules to ensure they will work in practice as they are intended.

How this consultation works

You will be asked to comment on Part 119, Part 133 and the Part 133 MOS. We have included a number of documents to help you navigate through the regulations which are attached in the ‘Related’ section at the bottom of this page. In particular, the Summary of Proposed Changes (SPC) outlines how the proposed regulations will work together and specific changes.

These documents are also available on the pages where you will be asked to provide feedback, along with a list of the main changes.

Recent industry feedback

Last year CASA established an Aviation Safety Advisory Panel made up of industry representatives. In June 2018, the panel convened a technical working group (TWG) to evaluate drafts of the Part 119 and 133 rules.

The group made several suggestions and highlighted potential issues. CASA has refined the draft regulations based on this feedback.

In addition, Parts 133 and 119 have been extensively consulted throughout their development. The most recent consultations on Part 133 were in 2012 and 2013 with further consultation on air ambulance operations in 2014.

The most recent comprehensive consultation on Part 119 was conducted during 2012 with additional consultation in 2014/15 on scenic flights and small cargo operations.

Please note: The draft of Part 119 attached to this consultation does not incorporate any changes proposed or resulting from the scenic flight and small cargo consultations. As CASA proposes to commence the flight operations regulations in early 2021, we currently plan to consult further with industry regarding scenic flights and small cargo operations in 2019 to finalise policy in this area.

What happens next

Parts 119 and 133 form part of the suite of six interlinked and interdependent certification and flight operating regulations (the other elements of this suite are Parts 91, 135, 121 and 138). Consultation for Part 135 – smaller aeroplane air transport operations, and Part 121 – larger aeroplane air transport operations, will open in the near future. These consultations will also include further consultation on Part 119.

It is proposed that the certification and flight operations regulations will be made in late 2018. Following this, CASA proposes to commence the flight operations regulations in early 2021, with the commencement date aligned with the Aeronautical Information Regulation and Control (AIRAC) cycle and Aeronautical Information Publication (AIP) update. However, we are aware that some changes will have greater industry impact than others. Therefore, we are seeking industry feedback to help identify specific changes where you may need additional time to comply

Using an iPad

If you are using an iPad to complete the survey you will be asked to 'download the relevant PDF'. Depending on the software you have on your iPad you may need to download the free viewer to review the single document PDF files. Where a file is a 'multi-file or portfolio PDF you will need to source the Adobe free view - available from iTunes.  More information on the 'how to' is available below in 'related' section below.

What happens next

Once this consultation has closed, we will register and review each submission received through this online response form. We will make all submissions publicly available here on the Consultation Hub unless you have requested that your submission remain confidential. We will also publish a summary of consultation which will summarise the feedback received.

The ASAP will also consider how CASA has incorporated feedback and provide us with further advice before the rules are finalised.

Parts 119 and 133 form part of the suite of six interlinked and interdependent certification and flight operating regulations with Parts 91, 135, 121 and 138. Consultation for Parts 135 – smaller aeroplane air transport operations, and 121 – larger aeroplane air transport operations, will open on 31 July. These consultations will also include further consultation on Part 119. Part 138 - aerial work, will consulted later in 2018.

It is proposed that the certification and flight operations regulations will be made by early 2019. Following that, CASA proposes to commence the flight operations regulations in early 2021, with the commencement date aligned with updates of the Aeronautical Information Regulation and Control (AIRAC) and Aeronautical Information Publication (AIP). However, we are aware that some changes will have a greater industry impact than others. Therefore, we will seek industry feedback to help identify which specific changes where you may need additional time to comply.

Audiences

  • CASA Staff
  • Air operators
  • Flight instructors and flight examiners
  • Flight training operators
  • Pilots

Interests

  • Fatigue management
  • Hazards
  • Human factors
  • Safety management systems
  • Operational standards
  • Flight training